Disposed

Sudhangshu Sekhar Paul v. the State of Assam and 3 Ors.

Gauhati HC17 Jul 2018I.A.(Civil)/2210/2018

Case brief

AI extract

What is this about?

The High Court adjudicated an interpleader application filed by an employee of the DRDA regarding non-compliance with a previous interim order regarding his posting and absorption. The Court directed the respondents to implement the said interim order within three weeks.

What did the court decide?

Direction to opposite party Nos. 1 and 2 to comply and implement the interim order dated 06-09-2017 passed in W.P(C) 5437/2017 within three weeks.

Sudhangshu Sekhar Paul Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2018)

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Page No.# 1/4

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GAHC010130822018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 2210/2018

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1:SUDHANGSHU SEKHAR PAUL

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S/O LATE SUNIL RANJAN PAUL, R/O HAILAKANDI WARD NO. 7, POLAXMINAGAR, PS- HAILAKANDI, DIST. HAILAKANDI ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 3 ORS

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REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT and RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-6

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2:THE COMMISSIONER PANCHAYAT and RURAL DEVELOPMENT DEPTT. PANJABARI JURIPAR GUWAHATI-37

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3:THE DEPUTY COMMISSIONER and EXECUTIVE DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY HAILAKANDI PO and DIST- HAILAKANDI PIN-788151

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4:THE CHIEF EXECUTIVE OFFICER CUM PROJECT DIRECTOR HAILAKANDI ZILLA PARISHAD/DISTRICT RURAL DEVELLPMENT AGENCY HAILAKANDI PO and DIST. HAILAKANDI PIN-78815

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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Linked Case : WP(C) 5437/2017

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1:SUDHANGSHU SEKHAR PAUL S/O LATE SUNIL RANJAN PAUL R/O HAILAKANDI WARD NO. 7 PO- LAXMINAGAR PS- HAILAKANDI DIST. HAILAKANDI ASSAM

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VERSUS 1:THE STATE OF ASSAM and 3 ORS. REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT and RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI-6 2:THE COMMISSIONER PANCHAYAT and RURAL DEVELOPMENT DEPTT. PANJABARI JURIPAR GUWAHATI-37

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3:THE DEPUTY COMMISSIONER and EXECUTIVE DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY HAILAKANDI PO and DIST- HAILAKANDI PIN-788151 4:THE CHIEF EXECUTIVE OFFICER CUM PROJECT DIRECTOR HAILAKANDI ZILLA PARISHAD/DISTRICT RURAL DEVELLPMENT AGENCY HAILAKANDI PO and DIST. HAILAKANDI PIN-788151

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Advocate for the Petitioner : MR. A H M R CHOUDHURY Advocate for the Respondent : GA ASSAM

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BEFORE HONOURABLE MR. JUSTICE L.S. JAMIR

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ORDER

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Date : 17-07-2018

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Heard Mr. A H M R Choudhury, learned counsel for the applicant. Also heard Mr. D. Nath, learned Additional Senior Government Advocate appearing for all the opposite parties.

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The Government of Assam in the Panchayat and Rural Development Department accorded approval for dissolving District Rural Development Agency (DRDA) of Assam and to absorb the DRDA employees against the sanctioned vacant post of Government of Assam by a Notification dated 02-03-2016. The applicant/writ petitioner was promoted as Accountant in DRDA, Hailakandi in a resultant vacancy caused by the promotion of one Md. Kamrul Islam Choudhury. By an order dated 16-08-2017, the applicant’s place of posting was wrongly shown as Junior Assistant, DRDA, Hailakandi and his place of absorption was shown as Junior Assistant in Lala Development Block (RD), Hailakandi whereas, the applicant has to be absorbed as Accountant/Senior Assistant. Being aggrieved, the applicant had approached this Court by way of W.P (C) 5437/2017 and on consideration of the matter, this Court passed an interim order dated 06-09-2017 which reads as under:-

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“ Having heard the learned counsel appearing for the parties, it is provided by way of an interim measure that if there is a vacant post of Accountant/Senior Assistant in Lala Development Block, Hailakandi, the petitioner will be posted to the said post”.

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Mr. A H M R Choudhury, learned counsel for the applicant submits that despite vacancy being available, the respondents are still not complying with the interim order dated 06-09-2017 passed by this Court in W.P (C) 5437/2017.

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After hearing the learned counsel for the parties, the present I.A is disposed of

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with a direction to the opposite party Nos. 1 and 2 to comply and implement the interim order dated 06-09-2017 passed by this Court in W.P (C) 5437/2017 within a period of 3 (three) weeks from today.

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I.A stands disposed of.

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JUDGE

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Comparing Assistant

Sudhangshu Sekhar Paul v. the State of Assam and 3 Ors.

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Sudhangshu Sekhar Paul v. the State of Assam and 3 Ors.

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